News & Analysis as of

Article III Appeals Jurisdiction

Carlton Fields

Florida Appeals Court Decisions: Week of September 9-13, 2024

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Florida Supreme Court - Tallahassee - Sexton v. State - capital case, direct appeal - In re Fla R Mediators - amended rules - In re Fla R Juv P - amended rules...more

Carlton Fields

Florida Appeals Court Decisions: Week of September 2-6, 2024

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USA v. Wall - competency, RICO, trafficking, evidence, instructions, sentencing... Steines v. Westgate Palace - arbitration, Military Lending Act... USA v. Deleon - sentencing, physically restrained... USA v....more

Carlton Fields

Florida Appeals Court Decisions: Week of August 26-30, 2024

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U.S. Eleventh Circuit Court of Appeals USA v. Schwarzbaum - IRS, penalties ECB v. Chubb - insurance, policy interpretation, financial institution Boyd v. DOC - postconviction relief Eknes-Tucker v. Ala Gov - en...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 19-23, 2024

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Lange v. Houston Cnty - en banc vote vacating this decision, health insurance, gender - Calderon v. Sixt - car rental, contract breach, FDUTPA - USA v. Bell - mail fraud, wire fraud, false statements, evidence,...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 12-16, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Lange v. Houston Cnty - en banc vote vacating this decision, health insurance, gender - Calderon v. Sixt - car rental, contract breach, FDUTPA - USA v. Bell - mail fraud, wire...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 5-9, 2024

Carlton Fields on

Commodities & Min v. CVG - arbitration confirmation - USA v. Bush - escape, instructions, mens rea - AW v. Coweta Cnty Sch Dist - ADA, Title II, emotional distress damages - USA v. Munoz - denaturalization, estoppel - ...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: The Public Interest Exemption to California’s Anti-SLAPP Law

This week, the Ninth Circuit affirms the district court’s denial of a special motion to strike under California’s anti-SLAPP statute, with two of the judges on the panel questioning the Court’s precedent holding that such...more

Rosenberg Martin Greenberg LLP

Kiviti v. Bhatt: Fourth Circuit Brain Twister

The scope of Bankruptcy Court jurisdiction has been the subject of numerous decisions, including multiple decisions by the United States Supreme Court since Bankruptcy Courts were created by the Bankruptcy Reform Act of 1978....more

Womble Bond Dickinson

11th Circuit Finds One Unwanted Text Message Sufficient to Allow Standing to File Suit in Drazen v. Pinto

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In the case of Drazen v. Pinto, the 11th Circuit Court of Appeals sitting en banc ruled unanimously that plaintiffs who received a single unwanted telemarketing text message suffered a concrete injury. In 2019, Susan...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Easements And Bankruptcy Standing

This week, the Court considers a property owner’s claim to an easement over a maintenance road on federal land, and casts doubt on the longstanding “person aggrieved” standing requirement in bankruptcy appeals. ...more

Knobbe Martens

No Standing in IPR Appeal for Sublicensee’s Speculative Royalty-Based Injuries

Knobbe Martens on

MODERNATX, INC. v. ARBUTUS BIOPHARMA CORPORATION - Before Lourie, O’Malley, and Stoll.  Appeal from the Patent Trial and Appeal Board. Summary: Sublicensee’s theory of royalty-based injury was too speculative to...more

Patterson Belknap Webb & Tyler LLP

A Stern Rebuke: Bankruptcy Courts have Constitutional Authority to Confirm Plans Containing Nonconsensual Third-Party Releases

On December 19, the Court of Appeals for the Third Circuit became the first federal circuit court of appeals to hold that a bankruptcy court may confirm a plan containing nonconsensual third-party releases without exceeding...more

McDermott Will & Emery

No Concrete Controversy if There Are No Claims

McDermott Will & Emery on

In reversing a district court decision as to whether a validity issue remained justiciable after the challenged claims were disclaimed, the US Court of Appeals for the Federal Circuit explained that the patent owner’s...more

Bradley Arant Boult Cummings LLP

Yes, But Were You Hurt? Another Data Breach Case Dismissed for Lack of Damages

While a war rages on the issue of standing in data breach cases, the need to prove damages is presenting an even greater hurdle for plaintiffs, as we have noted previously. One clear illustration of this trend is Attias v....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Takings/Water Contamination: Federal Appellate Court Addresses Jurisdictional Issue Involving Water District Damage Claim

The United States Court of Appeals, Federal Circuit, (“Court”) addressed in a July 19th opinion whether the Court of Federal Claims (“Lower Court”) has subject matter jurisdiction to address a takings claim involving water...more

Holland & Knight LLP

The End of the Line: Federal Circuit Dismisses the Veterans Contracting Group SDVOSB Appeal as Moot

Holland & Knight LLP on

On Nov. 20, 2018, the U.S. Court of Appeals for the Federal Circuit seemingly ended the Veterans Contracting Group line of cases. As a refresher, in those cases, the contractor challenged the U.S. Small Business...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

PATENT CASE OF THE WEEK - WesternGeco LLC v. Ion Geophysical Corp., Appeal Nos. 2016-2099, -2100, -2101, -2332, -2333, -2334 (Fed. Cir. May 7, 2018) - In an appeal from an inter partes review, the Federal Circuit...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

PATENT CASE OF THE WEEK - Knowles Electronics LLC v. Iancu, Appeal No. 2016-1954 (Fed. Cir. 2018) - In an appeal from an inter partes reexamination, the Federal Circuit affirmed a decision by the PTAB invalidating a...more

Hogan Lovells

Supreme Court says Congress can stop lawsuit that threatens Tribes casino

Hogan Lovells on

The Supreme Court, in a 6-3 decision last Tuesday affirmed the judgment of the United States Court of Appeals for the District of Columbia in Patchak v. Zinke, holding that Congress through the Gun Lake Act, which reaffirms...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Patchak v. Zinke

On February 27, 2018, the Supreme Court of the United States decided Patchak v. Zinke, No. 16-498. No opinion commanded a majority of the Court, but six justices concluded that the plaintiff’s lawsuit under the Indian...more

A&O Shearman

Supreme Court Holds Voluntary Dismissal With Prejudice Does Not Constitute An Appealable "Final Decision" That Would Allow The...

A&O Shearman on

On June 12, 2017, the United States Supreme Court, in an opinion authored by Justice Ginsburg, held that “[f]ederal courts of appeals lack jurisdiction under [28 U.S.C.] § 1291 to review an order denying class certification...more

Eversheds Sutherland (US) LLP

Plaintiffs’ Voluntary Dismissal Does Not Transform Denial of Class Certification into an Appealable Final Judgment 

The Supreme Court, in an opinion written by Justice Ginsburg, has held that 28 U.S.C. § 1291 does not confer appellate jurisdiction over an otherwise interlocutory order on class certification following plaintiffs’ voluntary...more

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